 |
 |
 |
 |
TERMS OF SERVICEKNOWLEDGEABLENERD.COM Web Site (“the Site”) TERMS OF USE ("the Terms") All references to “we,” “our,” “ours” and “knowledgeablenerd.com” refers to the staff of Knowledgeable Nerd, Inc. (the “COMPANY”), and the herein referenced subcontractors (the “Subcontractors”). All references to “member,” “you,” “yours,” and “submitting individual” refers to all persons who visit the Site and/or utilize the services in the Site, the person whose name appears as the member on a membership application form. This Site and the content herein is the intellectual property of COMPANY, which is run by a corporation under the name of Knowledgeable Nerd. You may contact the COMPANY via the following address: Knowledgeable Nerd You should carefully read the following terms before using the Site. By using the Site you are agreeing to become bound by the Terms. This is a legally binding agreement. If you do not agree with the Terms you should not use the Site. 1. COMPANY agrees to provide you access to the Site in accordance with the Terms and you agree to abide by same. 2. You are responsible for providing and maintaining all personal computer and communications equipment and Internet access accounts necessary to gain access to the Site. 3. You are responsible for any communications, messages and other information that you receive as a result of your use of the Site and bear the entire responsibility for any losses that you may experience as a result of your use of the Site. 4. This Site provides a venue for transactions between you and COMPANY. Use of this Site for conducting transactions directly with an affiliate and/or subcontractor constitutes acknowledgement of COMPANY’s limited role in such transactions and a waiver of any claims against COMPANY arising out of said transactions as effected through the Site. COMPANY MAKES NO ENDORSEMENT OR WARRANTY OF ANY KIND WITH RESPECT TO ANY GOODS OR SERVICES OFFERED DIRECTLY OR INDIRECTLY THROUGH THE SITE, WITH RESPECT TO ANY TRANSACTION ENTERED INTO THROUGH THE SITE OR WITH RESPECT TO ANY INFORMATION PROVIDED VIA THE SITE. 5. COMPANY assumes that the details provided on the membership application forms are the details of the person submitting the membership application forms. PLEASE NOTE that the preferred form of contact between COMPANY and you is via the internet and electronic mail; therefore, a valid email address must be provided on the membership application form that you submit, as that email address will be used to communicate with you regarding your membership and/or the services subscribed, and should your email address and/or any other contact information change you are solely responsible for notifying COMPANY immediately of such change. 6. After COMPANY reviews and researches your membership application form, within the herein noted time period, you will be notified whether or not the COMPANY has accepted your membership application form. 7. You agree to inform us of any apparent breaches of security such as loss, theft or unauthorised disclosure or use of any ID, reference number, password or key which we may issue to you and until COMPANY is so notified you will remain liable for any unauthorised use and/or access. 8. You agree to use the Site in a manner consistent with any and all applicable rules and regulations. The information contained on the Site is not intended to constitute an offer to buy, sell or a solicitation in relation to any product or service. 9. By using this Site you understand and agree that COMPANY’s “sole responsibility” is to provide you with the service you subscribed and were approved for, and therefore COMPANY is not responsible for any incorrect information provided by you and/or any failure by you, the Subcontractors and/or any of the herein noted subcontractors to timely process your service request. 10. By using this Site you understand and agree that the review and research of your membership application form may take up to seven (7) days to process, and therefore by submitting your membership application form to COMPANY you assume any and all risks of loss, relating to said processing period. Furthermore, by using this Site you agree not to submit a service request for any damage your equipment sustained prior to the time your membership application form was approved. 11. You agree that you shall not submit any evidence, documentation, photographs or any other type of materials, regarding your case, to COMPANY either through mail, courier, electronically or any other means, and you agree to indemnify COMPANY for any breach of same. Furthermore, you agree that COMPANY shall not be held responsible for any information or evidence you may send our offices. COMPANY may maintain a copy of the original personal injury claims form for our records and statistical analysis. 12. You accept that the Site is provided on an "as is, as available" basis. We disclaim all implied warranties of merchantability, satisfactory quality and fitness for a particular purpose with regard to the Site and the entire risk as to the quality performance and use of this Site and its services is with you. Some jurisdictions do not allow the exclusion of implied warranties so the above exclusions may not apply to you. 13. We accept no responsibility for the opinions and information provided by the herein referenced Subcontractors and any subcontractors. We disclaim all warranties with regard to information posted on the Site, whether posted by us or any third party. This disclaimer includes all implied warranties of merchantability, satisfactory quality and fitness for a particular purpose. In no event shall we be liable for any special indirect or consequential damages or any damages whatsoever resulting from the use of this Site, loss of your data and/or your loss of profits arising out of or in connection with your use of this Site or any information provided via and/or posted on the Site. 14. We do not actively monitor the Site for inappropriate postings and do not on our own undertake editorial control of postings. However, in the event that any inappropriate posting is brought to our attention, we will take all appropriate action to edit, purge or if necessary, remove same. You will not post any defamatory, abusive, profane, threatening, offensive or illegal materials on the Site and you will not post any information or other material protected by copyright without permission of the copyright owner. By posting any material the posting party warrants and represents that it owns the copyright with respect to such material or has received permission from the copyright owner and in addition, the posting party grants COMPANY and the Subcontractors the nonexclusive right and licence to display, copy, publish, distribution, transmit, print and use such information or other material. 15. If you violate the restrictions in the Terms you agree to indemnify COMPANY for any losses, costs or damages including reasonable legal fees incurred by COMPANY in relation to or arising out of such a breach. 16. Your access to and use of the Site may be terminated at any time, for any reason or for no reason, by COMPANY and without further notice. 17. We may obtain data about you in the course of your accessing the Site. In accordance with good data protection principles, we need your consent to using that information for our marketing and mailing purposes, which may include the transfer of such data to the Subcontractors, which may change from time to time. By submitting your personal details you will be taken to have provided that consent. If you do not agree you have the option not to submit your personal details. 18. Where we provide hypertext links to other sites we do so for information purposes only, and such links are not endorsements by COMPANY of any products or services in such sites and we make no endorsement or approval of same. 19. These Terms contain the entire understanding between us with respect to the Site and your use of same, and no representation, statement, inducement oral or written, not contained herein shall bind either of us. 20. Should any part of these Terms for any reason be declared invalid by a court of competent jurisdiction, such determination shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of these terms had been eliminated. 21. These terms and conditions are made under and are subject to the laws of the State of Texas. You are responsible for compliance with any applicable laws of the country from which you are accessing the Site. Any claim relating to the use of the Site or the materials contained on the Site shall be governed by and construed in accordance with the laws of the State of Texas (regardless of the laws that might be applicable under its principles of conflicts of law). In the event any dispute arises between you and COMPANY concerning the use of the Site and/or these Terms, it shall be resolved in accordance with the alternative dispute resolution procedure set forth in the following sentence. Any controversy or claim arising out of or relating to your use of the Site and/or these Terms, the relationship resulting in or from your use of the Site, the breach of any duties hereunder or any other relationship, transaction or dealing between you and COMPANY (collectively “Disputes”) will be settled by binding arbitration. Such arbitration shall be conducted in the city of McKinney, Texas. Any award rendered by the arbitrator(s) may be entered as a judgment or order and confirmed or enforced by either you or COMPANY in any court having competent jurisdiction thereof. The failure of either party to exercise any rights granted hereunder shall not operate as a waiver of any of those rights. The arbitrators will not be empowered to award any consequential, indirect and/or punitive damages. This agreement to arbitrate will survive termination of these Terms. If these Terms are found not to be subject to arbitration, the parties hereto knowingly and willingly waive any right they have under applicable law to a trial by jury in any dispute arising out of or in any way related to related to this agreement or the issues raised by that dispute. 22. Notwithstanding anything contained herein to the contrary, COMPANY reserves the right to use any details and/or information submitted through its website in whatever way and/or means it deems fit. This includes, but is not limited to statistical analysis, future mailings, regarding your service requests, forwarding to Subcontractors and their representatives. COMPANY also reserves the right, at its sole discretion, to stop providing service on any particular service call, for any reason or no reason whatsoever. 23. COMPANY disclaims all responsibility or liability for the content, reliability, operation or availability of the Site. As this Site is provided free of charge (for no consideration from you) to the public no claims for damages can be pursued by you against COMPANY. 24. By submitting your membership application form via this Site you agree to these Terms. 25. The material available through the Site may contain inaccuracies or typographical errors. COMPANY makes no representations about the accuracy, reliability, completeness, or timeliness of the material available through the Site. Your use of the Site and the material available through the Site is at your own risk and is provided “as is”. Changes are periodically made to the Site, and may be made at any time, without notice. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any information and materials placed by you on the Site. 26. THE SITE IS PROVIDED ON AN “AS IS” BASIS, WITH ALL FAULTS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE, AS TO THE OPERATION OF THE SITE OR THE NATURE OR ACCURACY OF THE INFORMATION INCLUDED IN THE SITE OR AS TO ANY OTHER MATTER. COMPANY AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR ARISING FROM THE ALLEGED NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL ACT OF COMPANY, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. 27. YOU HEREBY RELEASE AND FOREVER DISCHARGE COMPANY AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBCONTRACTORS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY AND ALL MANNER OF LIABILITY, CLAIMS, COUNTERCLAIMS, DEMANDS, SETOFFS, DAMAGES, OR CAUSES OF ACTION, WHICH YOU NOW HAVE OR WHICH MAY HEREAFTER ACCRUE, WHETHER HERETOFORE ASSERTED OR UNASSERTED, KNOWN OR UNKNOWN, ARISING OUT OF, OR IN ANY WAY RELATING TO USE OF THE SITE BY YOU, SPECIFICALLY INCLUDING BUT NOT LIMITED TO ANY CLAIMS BASED IN WHOLE OR IN PART UPON THE ALLEGED NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL CONDUCT OF COMPANY, IN OPERATING THE SITE OR OTHERWISE. 28. You agree to defend, indemnify and hold harmless COMPANY, and its officers, directors, agents, employees, Subcontractors, subsidiaries, parent company, and affiliates, and their respective successors and assigns, from and against any and all losses, costs, liabilities, obligations, damages, deficiencies, expenses, actions, suits, proceedings, demands, assessments and/or judgments, including reasonable legal fees, that are caused by, or result or arise from, any breach of these Terms by you, or the use of the Site by you or any other person using the Site under your authority. 29. All content included on the Site, including content within the Site, such as text, graphics, button icons, images, and software (“Material”), is the exclusive property of COMPANY or others, and protected by international copyright laws. COMPANY authorizes you to view and download the Material of this Site only for your internal use as a user of the Site, provided that you retain all copyright and other proprietary notices contained in the original Material on any copies of the Material. Material may not be modified in any way or reproduced or publicly displayed, performed, or distributed or otherwise used for any public or commercial purpose. For purposes of these Terms, any use of the Material on this Site for any purpose is prohibited. The trademarks, Site marks and logos (“Trademarks”) used and displayed on the Site, including content within the Site, are registered and unregistered Trademarks of COMPANY and others. Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site, without the express written permission of the Trademark owner. 30. If any provision of these Terms shall be declared by a court to be invalid, illegal, or unenforceable, such provision shall be deemed severable from these Terms and the other provisions shall remain in full force and effect. The failure of COMPANY to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and Conditions shall be binding upon and inure to the benefit of the respective heirs, representatives, successors and permitted assigns of the parties. COMPANY reserves the right to disclose any information, including data, in order to comply with any applicable laws and/or requests under legal process. The provisions of our Privacy Policy are incorporated herein by reference. COMPANY shall not be in default by reason of any failure in performance if such failure arises, directly or indirectly, out of causes reasonably beyond the direct control or foreseeability of such party, including but not limited to, default by subcontractors or suppliers, acts of God or of the public enemy, terrorism, governmental acts in either a sovereign or contractual capacity, labor, fire, flood, epidemic, restrictions, strikes, freight embargoes, and/or banking and financial institution interruption. 31. COMPANY may, in its sole discretion, change, add or remove any portion of these Terms, at any time, by posting new terms and conditions to the Site. The new Terms will become effective and binding upon you immediately after being posted to the Site. These Terms were last revised on November 1, 2007.
|
 |
 |
 |
 |
 |
||
|---|---|---|
|
||
 |
|---|
 |
 |
